New York City DCAS

New York, New York

Online Sales - Terms and Conditions

All bidders and other participants of this service agree they have read and fully understand these terms and agree to be bound thereby.

Guaranty Waiver.  All assets are offered for sale “AS IS, WHERE IS.”  New York City DCAS (Seller) makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale.  The Buyer is not entitled to any payment for loss of profit or any other money damages – special, direct, indirect or consequential.

Description Warranty. Seller warrants to the Buyer the property offered for sale will conform to its description.  Any claim for misdescription must be made prior to removal of the property.  If Seller confirms the property does not conform to the description, Seller will keep the property and refund any money paid.  The liability of the Seller shall not exceed the actual purchase price of the property.  Please note upon removal of the property, all sales are final.

Personal and Property Risk.  Persons attending during exhibition, sale, or removal of goods assume all risks of damage of or loss to person and property and specifically release the Seller and GovDeals from liability therefore.

Inspection. Most items offered for sale are used and may contain defects not immediately detectable. If noted in the Item Description, bidders may inspect the property prior to bidding. Bidders must adhere to the inspection dates and times indicated in the item description and/or contact the person listed to schedule an inspection.

City Employees.  Seller employees and immediate family members are not permitted to bid or purchase any property for sale.

Age to Purchase. All bidders must be at least 18 years of age to participate in an online bid.

Consideration of Bid. Seller reserves the right to reject any and all bids and to withdraw from sale any of the assets listed at any time until the Seller has received payment in full for the assets and Buyer has removed the assets from the Seller's premises in their entirety.

Buyer’s Certificate.  If applicable, successful bidders will receive a Buyer’s Certificate by email from GovDeals as their notice of award.

Payment. Payment in full is due not later than 5 business days from the time and date of the close of the auction.  Please refer to the payment instructions listed on the auction page for complete payment terms and methods.  Please refer to the Bid Box for all fees and taxes that may be associated with the auction.

Partial Payment. NO partial payments are allowed. All auctions must be paid in full using the same payment process for each auction. For example: Buyer WILL NOT be able to pay partially for an auction by Credit Card and pay the remainder by another payment method such as wire transfer.

Bid Deposits. Seller may require bid deposits to ensure fairness and equity to all buyers as a way to decrease default bidding. The deposit will be returned if no default occurs or the bidder does not win the auction. GovDeals will collect and retain the deposit if there is a default by the winning bidder.

Pick-Up and Removal Procedures. 

1) The Buyer will be notified upon receipt of payment. The buyer may then contact the responsible party listed on the Buyers Certificate the auction item and arrange for a mutually convenient pick-up time. The buyer must bring to the pick-up location (1) the ‘Buyers Certificate (2) the and (3) personal identification (such as a Driver's License). All three items must be presented at the scheduled pick-up, or the auction item(s) will not be released.

2.   If a representative of the buyer is picking up an item (3^rd party pickup), that representative must bring the ‘Buyers Certificate’ and the ‘Bill of Sale’ (photocopies or images on your phone are acceptable. At the time of pick-up / removal, you will be required to present the seller with a copy of your Buyer’s Certificate and/or bill of sale, and potentially other documentation (e.g., copy of driver's license, Authorization of Release, etc). When making a removal appointment, please confirm with the seller what is needed to release the item(s). This link to the necessary form is in the ‘Removal Instructions’ and ‘Buyers Certificate’ on all auctions.

Removal.  All assets must be removed within ten (10) business days from the time and date of the close of the auction.  Purchases will be released only upon receipt of payment as specified.  Successful buyers are responsible for loading and removal of any and all property awarded to them from the place where the property is located as indicated on the website and in the Buyer’s Certificate.  The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property.  Under no circumstances will New York City assume responsibility for packing, loading or shipping.  See instructions on each auction page for complete removal details.

Buyer’s Premium & Additional Fees. If a Buyer’s Premium and/or Additional Fees are shown on the auction page Bid Box, then that amount (expressed as a percentage of the final selling price or a specified amount) will be added to the final selling price of all items in addition to any taxes imposed.

State/Local Sales and/or Use Tax. The City of New York may collect sales tax of 8.875%, unless the Buyer has provided a valid tax-exempt certificate prior to payment. If applicable, the sales tax will be visible during the bidding process and will be included in the payment specified.

Default.  Default shall include (1) failure to observe these terms and conditions; (2) failure to make good and timely payment; or (3) failure to remove all assets within the specified time.  Default may result in termination of the contract and suspension from participation in all future sales until the default has been cured.  If the Buyer fails in the performance of their obligations, Seller may exercise such rights and may pursue such remedies as are provided by law.  Seller reserves the right to reclaim and resell all items not removed by the specified removal date.

Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees they have read, fully understand and accept these Terms and Conditions, and agree to pay for and remove the property, by the dates and times specified. These Terms and Conditions are available for review in the bid box at the top of each page of each asset listed on GovDeals. Specific Instructions (Payment, Removal, and Special) appearing on the asset page will override certain sections of these Terms and Conditions.